A paddleboarder was arrested 4-3-20 for disobeying Governor Newsom’s “stay at home order” on Malibu Beach. It took a sheriff’s boat, a USCG boat, and about $17,000 worth of fuel, time and man-hours to “corral” the miscreant, who faces 6 months in jail and a $1,000 fine — at the same time that actual criminals are released from Kalifornia jails. Perspective, anyone?

The fight continues.

And I am perplexed why it does.

I’m not speaking out of school when I say that this issue is tearing through a number of law enforcement contingents on Facebook, with groups featuring retired and current LE members, who have vastly different opinions on the subject.

Altogether too many of them shockingly wrong.

Wrong how? As in marching lockstep with whatever edicts are handed down by local mayors or state governors. I won’t enumerate all the myriad reasons on this post; I already did so on my prior post in great detail. Read it here.

I find this thinking disappointing and, frankly, a bit shocking and certainly disturbing. In my opinion, altogether too many law enforcement officers are willing to look at the computers in their vehicles, acknowledge a call with an easy fingertip, respond, violate rights, and seemingly think nothing of it, all in the name of what I term Fear Porn.

And now, there’s another reason for cops to continue violating your rights. We’ll get to that in a moment.

Perhaps that might have been initially semi-excusable about two months ago when the numbers were still rolling in — and yet, not very excusable when taken in overall context in terms of rights and freedoms in the United States of America.

The subject was already a primary focus, for two entire hours, on my wireless radio show last Thursday night, the 7th, where I delineated the numerous reasons, in significant detail, why too many responses by law enforcement feature unnecessary, over-the-top — and unconstitutional — reactions to situations that can be best served, easily, by other less heavy-handed means.

Listen to “BZ’s Berserk Bobcat Saloon Radio Show, Thursday, 5-7-20” on Spreaker.

And yet the hits and foolishness just keeps on coming. Please understand, the bulk of what I’m addressing with this post applies primarily, as you will read below, to Kalifornia laws.

The most recent incident that set me off — as well as apparently others in the opposite direction — occurred in Fresno, Kalifornia on May 10th, Sunday, Mother’s Day.

WATCH: Police Shove Through Crowd, Arrest Mother’s Day Diners at Fresno Waffle Shop

by Todd Starnes, 5-10-20

At least two people were hauled away by police after law enforcement officers tried to enter a diner that was illegally opened in Fresno, California.

The diners were waiting in line outside the Waffle Shop. Officers ordered the diners to step aside so they could enter the establishment. When they refused, the officers forcefully shoved aside patrons. It was during that confrontation that at least two people were taken into custody.

Body cam video from Fresno PD.

Then: off to the races on a law enforcement Facebook group. The original post:

So I can’t find the post where the video of my Alma Mater Fresno PD arrested a guy at a restaurant this morning.

I watched the video earlier and only later decided to respond to it. What I saw was an officer meeting two code enforcement officers to make contact with the management of the restaurant probably to cite them for a muni code violation. As they walk up to the door, the crowd gets ugly. There is a guy blocking the door.

The big guy is about 6-03. He blocks the door as a crowd surrounds the officer and tells him he can’t go in. The big guy also gives the officer some sort of forearm or elbow. The officer arrests him.

I disagreed. After a number of comments I wrote:

Maybe the guy’s (the officer) a good guy. At this point it’s becoming immaterial. The numbers and the science aren’t justifying these actions any longer.

I retired as a cop after 41 years in LE. As a Sergeant I wouldn’t have allowed my troops to be the Covid Gestapo.

I can read and people can read. I smell bullshit and people smell bullshit.

You forget the phrase “with the consent of the governed” at your own peril.

From that point the fire was lighted. One deputy responded to my comment.

The police are being used by the politicians to enforce poorly thought-through directives. The public is getting more and more pissed off about these Draconian measures to contain the virus. What will result is civil unrest as the public grows more defiant against the politicians while the police get caught in the middle. It’s a no-win situation for the police.

By the way I’m a retired deputy sheriff and I’m catching a lot of flack from friends who see more and more intrusion on their civil liberties.

He’s correct. Cops are catching crap — properly — for actions such as this. I replied:

My point precisely.

Then there was a response I hadn’t anticipated, corroborating my thoughts.

You might need to get your glasses checked, the guy he arrested never gave him a forearm or elbow. The officer reacted to a verbal challenge and got pissed off. There was no crime, hope you buddy is ready for the law suit. Also ask your buddy how long it will be before he does gun confiscation as ordered.

Then we were off to the races when I wrote:

I’ve read on any number of LE sites how “politics like this” are ruining these sites. Debatable. The overarching points in my mind are Constitutionality and the Bill of Rights. That’s the oath I took. Not to a mayor, not to a governor, but to the US Constitution. Because LE can do a thing, we always need to ask: “are we doing the right thing for the right reason?”

Spirit of the law vs the letter of the law. Discretion. Malum in se vs malum prohibitum.

One individual began the thread.

So what would you have done if you were directed by your supervisor to assist code enforcement with their investigation?

I replied:

Told my troops to C4, gone over myself to look, listen. The city can send paper later. Is it worth getting my troops or citizens hurt over this when the numbers and stats don’t justify it, when I personally see the same thing happening at Costco or Save Mart, or people standing in line for EEO? Nope.

So when rational arguments don’t work, as with everyone else — and attorneys — you go for the ad hominum attacks:

You worked in Sacramento County, one of the most pussified and liberal departments in California. Where you need permission before you can make a request (he meant arrest). I understand your response. But, in real police work, things are a bit different.

So my 41 years mean nothing. Okay. But factually, again, he was sorely incorrect. I responded:

Oh, you mean SAC PD.

Because historically, with the Sacramento Police Department, you need the permission of a SPD Sergeant to make an arrest absent exigent circumstances.

Not so, historically, at the Sacramento Sheriff’s Office where I worked for 35 years, where myself and others were granted trust and utilized discretion — and did not require a Sergeant’s permission for any arrest.

That is one of many reasons that retired SPD officers came over to Sac SO to work as annuitants because, as most every retired SPD officer told me when I supervised EVOC: “If I’d only known this, that you treat your officers like actual adults, I would have gone with you guys.”

Another individual wrote:

Funny we never went with code enforcement people when they did their job, wasn’t our business enforcing health codes and such, only time I ever responded to assist a code enforcement was when the place had a history of getting physical with the code enforcers and I can’t imagine that was the case here, but one never knows. Personally with all the lies and deception coming from newscum I would have on viewed something en route and not gotten their to be involved…..this isn’t about a virus it’s about the upcoming elections…..

Now we’re getting closer to the crux of the biscuit, because here’s another thought:

Where was the on duty patrol Sgt. That would not have happened if those were my troops. I would have led the Code Enforcement officers through the back door, securred the front door after safely ecorting the customers out the back door after they had finished their meals and as as soon as Code Enforcement was done, ecorted them to their vehicles. Sorry Folks the Waffle House is closed until further notice.
10-8 Clear – return to your beats.

The same goon who hated me hated that response. He posed:

Back doors locked. Now what?

The response?

Have dispatch call them and tell them to open the back door. If that doesn’t work, have a unit borrow a crowbar from the Fire Dept. Do I have to do all the thinking? Apparently.

Boom, shaka-laka.

More comments.

We can all debate the officers actions/tactics, etc. But I’ve read several comments on here referring to the officer as “ short shot, gnome, tweedle dum” etc.
It’s disappointing that a few of the arm chair warriors on here feel the need to denigrate an officer who is still out there wearing the badge, doing a difficult job.

And:

That Officer is 5-02 of fury. He is tough as hell any of you who denigrate him based on his size are dicks.

Several comments later, a voice in the wilderness:

The police should not be involved in this issue at this level. Distrust & rebellion are growing, & involving our police is perceived as the overreaction that it is. LE cannot afford further erosion of respect & cooperation. Our collective security is at great risk & anarchy is the result. Big Bird appeared to challenge the officer. I know nothing of him or his motives but that cannot be allowed.

And there we have it. Another comment:

The officers did not have their heads in the game. I led patrol officers as their field Sgt.for 26 years and that was a cluster f..k from the get. They did not follow the 5 Ps – Prior planning prevents piss poor performance.

Then it went to this, and rightly so.

Confiscation of lawfully possessed firearms? Better bring a body bag. Our neighbors, friends and every citizen will ultimately be engaged in armed resistance. We’ll be getting a taste of what it was like to be a Redcoat in 1775. Sure, there will be cops and soldiers who will buy in and enforce such orders. I expect the majority will not. I know of none of the Marines I served with who would comply.

Exactly what I want to hear from law enforcement officers.

Another comment.

“The officer is a good dude who does his job impartially doesn’t get jacked up easily.”

I don’t doubt that at all, but I bet their friends and colleagues would have said much the same about many of the Redcoats at Concord on April 19, 1775.

Sometimes “good guys” follow bad orders, and find themselves on the wrong side of history. Time will tell.

And another comment.

Speaking for myself only, if I had to go out on a call to assist another city department, I just stood by to keep the peace. My dog wasn’t in the fight over too many chickens or how tall somebody’s grass was.
That’s their call. But, if things started going south then I was in charge and called the shots. It wasn’t worth the potential damage trying to force a hand over a municipal code violation.
The department involved could file a report with the city attorney and go about finding another solution. I’d back them but I wasn’t going to get my butt in a sling for them either.

You have to look further down the road. What are the ramifications of this call, particularly a Wuhan-19 call?

The problem today is that the police are in a no win situation. They are expected to uphold the law but in turn are crucified by the press and the public, who know nothing about the law or the situation.

And:

Agencies need to step back and away from all the bull shit. U have people getting arrested and released…real crooks. Not people trying to keep there business going and people hired. Really. Going to arrest people on the beach, or your not social distancing and going to take them. Come on. My son a combat Marine grunt was hired by a agency. After seeing all this the kid withdrew. Told them he wanted nothing to do with what they r doing…He is back in the service

Then this dropped:

I thought this site was an LEO site. All the second guessing sounds like some of you need to be in IA.

A response:

Exactly. Bunch of self righteous assholes

I responded myself:

Who follow the Constitution, Bill of Rights, honor their oaths and don’t blindly obey. So I guess I’m an asshole.

A reply to me:

Right. I’m sure when you were a cop in the 80’s and some asshole mouthed off to you, you immediately thought “of the constitution, bill of rights” and walked away. Come on.

Me:

Apparently you don’t understand the difference between Constitutional and unconstitutional. I’m not someone’s political poodle and this is all politics. These political mayors and governors can fight their own political wars.

Him, with the ad hominum attack, which is what attorneys use when they have no argument.:

Apparently you forgot what it was like to be an officer. Easy for you to judge in retirement how bad ass you were and how you would have done it.

One defender:

Calling out a fellow officer for doing something stupid isn’t anti LEO.

Then I wrote, more pointedly:

Oh please. This is all political bullshit that cops get placed into by fuckhead politicians, meaning it isn’t worth getting my troops embroiled in. I go back to my original reasons above. Numbers, stats, politics.

Then a little more common sense emerged from another officer:

This reminds me of the time I had a municipal code violation for loud music. The guy was ready to go to blows along with his party friends. I issued the ticket noted the refusal, wrote a brief report. The city attorney later got upset and said I should have taken the guy to jail. I asked if they would have stood by me for a use of force complaint over loud music. The look on his face told me I did the correct thing… cops are being pulled into a bad situation with this mess.

Bingo. Thank you. Then another interesting comment making the distinction between a police department and a sheriff’s department.

Can’t fault a city peace officer if he is ordered by a city appointed Police Chief who must answer to city officials who order him to enforce unconstitutionally issued orders, codes or statutes.

A county Sheriff on the other hand is elected and answers directly to his citizens and if he truly believes in the Oath of Office he swore to he will tell those communist leaning officials, whether they be city, county or state, that he will NOT enforce any unconstitutional statue or rule that violates the rights guaranteed to the citizens under the U. S. Constitution.

Whether it be active military or active law enforcement anyone who took the Oath of Office which is a life long obligation, knows full well they do not have to carry out orders they know to be wrong and in this case an egregious violation of the rights of all Americans…….………………

Read what Wikipedia says about governors executive orders. As I interpret it, the governors executive orders apply to only government employees and departments, “NOT” the citizens. If that is the case all of these communist leaning orders they have issued are illegal in the first place and not adhering to an illegality issued statute or code by people exercising their protected rights is not a violation of anything.

Except yes, I still fault the police department.

It’s politics, people. Backed, now that we are cognizant of so many other updates, by smoke and mirrors. The numbers and statistics and even the World Health Organization, the WHO, no longer back the Chinese model, instead selecting the Swedish model. Sounds kind of lascivious. I’d select the Swedish model also.

And on and on it went.

So let’s check the law. Let’s let an attorney grab a part of this.

Please note these salient portions.

California Government Code section 8567 states that all orders under the California Emergency Services Act must be in writing and they take effect immediately. When the governor calls a state of emergency, he may suspend any state statute, rule or regulation. (Cal. Gov. § 8571). Please notice that the governor does not have the authority to suspend the California Constitution. As such, any rights contained in the Constitution are still in force. In fact, to make sure the government understands that there are limits to their authority, Cal. Gov. § 8571.5 expressly states that nothing in the California Emergency Services Act gives the government the right to seize or confiscate any firearm or ammunition unless an officer is arresting someone pursuant to an investigation for the commission of a crime.

And:

On March 4, 2020, Governor Newsom Declared a State of Emergency.

On March 11, 2020, Governor Newsom’s office published the fact that it was California Department of Public Health’s policy of preventing gatherings of groups larger than 250 people “should be postponed.” This was not an executive order by the governor, instead it was a California Department of Public Health policy. This policy does not cite a single law that gives the California Department of Public Health authority to shut down events of 250 people or require social distancing of more than 6 feet. While these may be good guidelines to follow, they are simply policies, they are not the law.

To emphasize that this was just a policy and not a law, on March 12, 2020, Newsom issues his next executive order (N-25-20). This executive order states that “All residents are to heed any orders and guidance of state and local public health officials, including but not limited to the imposition of social distancing measures, to control the spread of COVID-19.”

Notice the language of this order. “All residents are to heed any orders and guidance …”. If you look up the word heed in the dictionary, you will discover that it means “to give consideration attention to.” It does not say you must obey. Gavin Newsom in his executive order utilizing his powers granted him after declaring a state of emergency told the citizens of California that Californians should takes the advice given by the California Department of Public Health into consideration when making decisions.

Now a very important part.

Thus, contrary what you may have been led to believe, Gov. Newsom did not actually issue an executive order requiring Californians to practice social distancing, nor did he actually order gatherings of over 250 people to shut down. All he did was order people to pay attention to what these organizations were saying. These were merely recommendations.

Understand, a policy is different from a regulation. While I was able to find authority that allowed the California Department of Health Services to issue emergency regulations after they jumped through a few hoops, I have been unable to find where their policies would have the full force of law. Laws are passed by the legislature, or under the state of emergency, via executive order by the governor.

We’re not done yet.

Cal. Health & Safety § 101040 permits local health officers to take any preventive measures that may be necessary to protect and preserve the public health from any state of emergency declared by the governor. After a local health emergency has been declared, “The sheriff of each county .. may enforce within the county … all orders of the local health officer issued for the purpose of preventing the spread of any contagious, infectious, or communicable disease.” (Cal. Health and Safety Code 101029). Cal. Health & Safety § 101030 specifically gives the county health officer the authority to order quarantines.

As one studies California law, it is clear that the law used to be very explicit that a quarantine was only applicable to those who had a contagious disease or those who had come in contact with someone who had a contagious disease.

While most of the laws regarding quarantine are very broad, Cal. Health & Safety § 120215 appears to have limiting language. This statute reads: Upon receiving information of the existence of contagious, infectious, or communicable disease for which the department may from time to time declare the need for strict isolation or quarantine, each health officer shall: (a) Ensure the adequate isolation of each case, and appropriate quarantine of the contacts and premises. (b) Follow the local rules and regulations, and all general and special rules, regulations, and orders of the department, in carrying out the quarantine or isolation.

And finally:

The quarantine laws are clearly intended to be applied to individuals not to the entire county. The quarantine laws are designed to stop those who might have been infected from passing the disease onto others. Absent the local health officers finding that an individual has the disease or is likely to have the disease, California law does not give them broad authority to quarantine the entire county.

As such, it appears counties such as San Francisco that have issued broad shelter in place laws may be violating California law.

Let’s just be plain and obvious. With altogether too many cops in these circumstances, they are taking the calls personally. It becomes a personal affront. That’s not how this works. Not with politics and politicians — who are all to happy to allow cops to get caught in the middle so that they can be kicked to the curb at will.

And by departments, when faced with use of force complaints, aren’t willing to support their officers when they’re correct.

They are failing to see the ramifications of their short-sighted decisions. That’s my job as a Sergeant, to cover my troops, make sure they’re doing the right thing for all the right reasons, and to ensure people are safe and rights are upheld.

Here is an organization that knows how to protect its troops against an absolutely classic “no-win” situation for law enforcement, the New York Police Benevolent Association.

NYPD union wants cops out of ‘social distancing enforcement’

by Tina Moore, 5-4-20

The city’s largest police union is demanding cops get “out of the social distancing enforcement business,” while slamming New York pols for “releasing criminals,” “discouraging proactive policing,” and leaving subways “in chaos.”

“This situation is untenable: the NYPD needs to get cops out of the social distancing enforcement business altogether,” a statement from Police Benevolent Association president Patrick Lynch said.

“The cowards who run this city have given us nothing but vague guidelines and mixed messages, leaving the cops on the street corners to fend for ourselves,” Lynch said. “Nobody has a right to interfere with a police action. But now that the inevitable backlash has arrived, they are once again throwing us under the bus.”

Lynch was referring to a fracas that erupted as NYPD cops were trying to enforce social distancing rules over the weekend in the East Village and a cop was caught on video slapping and hitting a bystander who appeared to challenge him.

Lynch added that the politicians are “still watering down our laws, releasing real criminals and discouraging proactive enforcement of fare evasion and quality of life issues.”

“As a result, our subways are in chaos and we have hero nurses getting mugged on their way to our hospitals,” he said, referring to a nurse who had her phone torn out of her hand in Times Square on April 26. “As the weather heats up and the pandemic continues to unravel our social fabric, police officers should be allowed to focus on our core public safety mission. If we don’t, the city will fall apart before our eyes.”

If only more organizations took this logical stance.

Before I go, this came to the forefront:

The original video can be seen here.

There is also this, from a locality closer to my area, Lodi, Kalifornia:

Lodi Police Officer Says He Was Fired For Refusing To Enforce Stay-At-Home Order

LODI (CBS13) — A Lodi police officer says he was fired for not enforcing the states’ stay-at-home order.

In the past 24 hours, his community has raised thousands of dollars to support his family.

Former Officer Jordan Duncan only worked with the police department for four months. The details of the incident aren’t clear, but city officials confirm an April separation date. They would not go as far as to say that Duncan was fired.

Officials did point to a recent ruling which calls the stay-at-home order “lawful,” and said police officers can’t choose which laws to enforce.

That last paragraph? Wrong. Cops have been using discretion in terms of which laws to apply and when for, literally, over a century.

Two aspects the article fails to point out are that, one, he fronted off the Chief of Police in a briefing, telling him what he would and would not do. The other aspect is, two, that he belongs to the easiest class of person in the world to fire, someone on probation.

THIS JUST IN: A RECENT RAY OF LIGHT

From Breitbart.com:

Fresno County Sheriff Won’t Enforce Stay-at-Home Orders; Too Busy Re-arresting Freed Criminals

by Joel B Pollak, 5-14-20

Fresno County Sheriff Margaret Mims said Tuesday that she would not be able to enforce Gov. Gavin Newsom’s stay-at-home orders because she was too busy re-arresting accused criminals set free under the state’s new “zero-dollar bail” policy.

Mims appeared on the Trevor Carey Show, discussing the challenges facing law enforcement during the coronavirus pandemic, as well as the economic hardship. She pointed out that government employees were also vulnerable to the economic damage, because the decline in tax revenues meant that state and local governments would cut services.

Carey asked her: “I’ve heard multiple sheriffs around the nation state they will not enforce their governors’ shelter-in-place orders. Is that your position?

“That is my position. We do not stop the public to find out what they’re doing when they’re not sheltering in place. We don’t ask those questions, we don’t ask if they’re ‘essential’. We’ve got our hands full trying to re-arrest people that are released due to zero-dollar bail. So we’ve got other things that are on our mind that are more important than stopping normally law-abiding citizens.”

Fresno County now, officially, has a Good Sheriff.

Clearly, two camps have emerged in law enforcement.

The strict “we follow the orders and directives all the time” camp — and the other, like mine, who insist there are overarching issues we shouldn’t be ignoring — like the rights and freedoms we as peace officers are sworn to uphold, the US Constitution, the Bill of Rights, no matter the circumstances. I don’t recall the “Time Out, It’s A Bad Flu” clause in any of those documents.

The bottom line is: there’s no doubt this is a proverbial “dry run” for Leftists and Demorats to push the envelope and see what it is that you, the average American citizen, will tolerate in terms of having your freedoms and liberties removed.

Do they only have to provide some kind of “safety crisis” for you to cave and fold? Will Fear Porn do it? How far can you be pushed before you react negatively?

I think we’re starting to see those answers right now.

We cannot allow law enforcement to be wedged into political issues like this. Because we have to do what I term The Logical Extension:

If law enforcement will willingly obey Fear Porn — what will they do when ordered to confiscate firearms from American citizens should Leftists return to power — which they obviously will, some day? And just as Leftists and Demorats said “nah, we’re not coming for your guns,” wrong, they now state openly they’re coming for our firearms.

Doing again The Logical Extension, that means they’re coming for, eventually, all of your rights — every little thing they can steal. IF you stand there complacently and allow it. But wait. Once you have no firearms?

Yeah. You are going to have to stand there and allow it.

I wish I could say I knew for a fact that all law enforcement officers are not going to act unconstitutionally. I cannot.

And that is so foundationally disturbing to my core.

Because I’ve seen all of this, now.

BZ